Patna High CourtCR. MISC./10596/2018bail granted

Pramod Chaudhary v. The State Of Bihar

2018-02-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10596 of 2018 Arising Out of PS.Case No. -749 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Pramod Chaudhary, S/o Late Chandeshwar Chaudhary, Resident of VillagePathroura, P.S.- Magadh Medical, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vinod Kumar, Advocate. For the Opposite Party : Mr. Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 01.01.2018 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 60 liters Mahua is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 60 Liters Mahua is recovered from the motorcycle in question on which the petitioner was pillion rider.

Patna High Court Cr.Misc. No.10596 of 2018 (2) dt.27-02-2018 2/2 He was apprehended on spot. The name of the petitioner has come on the basis of alleged recovery made from the motorcycle. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya, in connection with Sherghati P.S. Case No. 749 of 2017.

U.K./- (Sudhir Singh, J) U T